In that case, the person legally liable for publishing the material is sued for infringement of the work. You don't send someone to jail because they're simply capable of infringing; they have to actually do it, and you have to actually show the specific work whose copyright was infringed upon.
You can also get into the weeds of what's copyright-able (ask Donald Faison about his Poison dance). If you ask for C-3PO and you get C-3PO as he appears in Star Wars promotional material, that seems cut and dry. What if you ask for a "golden robot"? What if you get a robot that looks like C-3PO but with a triangular torso symbol instead of his circular one? What's parody, what's fair use?
You can also get into the weeds of what's copyright-able (ask Donald Faison about his Poison dance). If you ask for C-3PO and you get C-3PO as he appears in Star Wars promotional material, that seems cut and dry. What if you ask for a "golden robot"? What if you get a robot that looks like C-3PO but with a triangular torso symbol instead of his circular one? What's parody, what's fair use?